Frequently asked questions

• What is the Status of the Artist Act?
• How does this Act help artists?
• What is the role of the Tribunal?
• Who is covered by the professional relations provisions of the Act?
• How does the Act work?
• Is an artist entitled to negotiate an individual contract with a producer?
• What if there is a dispute over the terms of a scale agreement?
• Is an artist covered by a scale agreement even if he or she is not a member of the artists' association that negotiated it?
• Can an artists' association prevent an artist that is not a member from working?
• What recourse is available to an artist who believes that he or she has been unfairly denied membership in an artists' association?
• What other protections do artists have under this Act?
• What does the Act do for artists' associations?
• What is the status of artists' associations that already have scale agreements with federal producers?
• What happens to existing contracts between individual artists and federal producers?
• What does this Act do for producers?
• What is the role of the Minister of Labour?
• What is the role of the Minister of Canadian Heritage?

What is the Status of the Artist Act?

The Status of the Artist Act [the "Act"] is a law passed by the federal Parliament that recognizes the important contribution of artists to the cultural, social, economic and political enrichment of Canada.

How does this Act help artists?

One of the most important features of the Act is that it establishes a framework for the conduct of professional relations between independent professional artists and producers within federal jurisdiction. In particular, the Act:

1. guarantees the right of artists to join associations that can represent their professional interests, without fear of contravening the anti-combines laws;
2. gives artists a mechanism through which to advance their socio-economic interests by guaranteeing their right to organize and bargain collectively with producers for the purposes of reaching agreement on the minimum terms and conditions under which an artist will provide services to those producers;
3. provides a variety of mechanisms through which disputes between artists, artists' associations and producers can be resolved;
4. establishes the Canadian Artists and Producers Professional Relations Tribunal to administer the professional relations provisions of the statute.

What is the role of the Tribunal?

The Canadian Artists and Producers Professional Relations Tribunal is a quasi-judicial agency responsible for administering the provisions of the Status of the Artist Act that deal with professional relations between artists and producers.

Among other things, the Tribunal will decide such matters as the suitability of a particular sector for collective bargaining, whether a particular association is most representative of the artists in that sector, and the legality of various tactics used by artists associations and producers.

Who is covered by the professional relations provisions of the Act?

The Act applies to federal government institutions and private broadcasting undertakings and to professional artists who provide services as independent contractors to these organizations.

The term "professional artists" includes authors of artistic, dramatic, literary or musical works, directors responsible for the overall direction of audiovisual works, persons who perform sing, recite, direct or act in musical, literary or dramatic works, and those engaged in a number of other occupations that contribute to the creation of productions in the performing arts.

The Act applies to independent contractors, not to individuals who are employed in an employee-employer relationship. Employees are protected by other existing statutes such as the Canada Labour Code and the Public Service Staff Relations Act.

How does the Act work?

An artists' association that wishes to be accredited to represent artists in a particular artistic sector may make an application to the Tribunal within certain time periods prescribed in the Act. The Tribunal will publish public notices that it has received an application for certification, and any artist affected by the application has a right to make representations to the Tribunal regarding the suitability of that artistic sector for bargaining and the representativeness of the association which has applied for certification. Similarly, artists' associations and producers have a right to make representations, and other parties may request to make representations. Here is how you can learn more about interventions in Tribunal proceedings.

After hearing all of the representations from artists, artists' associations and producers affected by the application, the Tribunal will decide on the suitability of the sector for bargaining. If the Tribunal is satisfied that the artists' association is the most representative of artists in a particular sector, it will certify the association.

Certification gives that artists' association the exclusive right to bargain with producers on behalf of artists in the sector described in the certificate. Certifications are valid for three years, and may be renewed. The Act also contains provisions describing the circumstances in which a certification can be revoked.

Once a certification has been issued, producers are obliged to negotiate with the certified artists' association for the purpose of reaching a scale agreement setting out the minimum terms and conditions that will apply when an artist offers services to that producer.

If the artists' association and the producer are unable to reach agreement, the Act provides for mediation and permits the use of pressure tactics.

Is an artist entitled to negotiate an individual contract with a producer?

Yes. Scale agreements set the minimum terms and conditions applicable in a particular artistic sector. Individual artists are still free to negotiate personal contracts which provide more favourable rights and benefits. If there is any dispute as to whether a right or benefit in a contract is more favourable to an artist than the scale agreement, an application for determination or declaration can be made to the Tribunal to resolve the dispute.

What if there is a dispute over the terms of a scale agreement?

The Act requires that every scale agreement contain a procedure for resolving differences regarding the interpretation of scale agreements. Ordinarily, this would involve mediation or arbitration by a neutral third party.

Is an artist covered by a scale agreement even if he or she is not a member of the artists' association that negotiated it?

Every artist working for a producer in the sector described in the artists' association's certification is covered by the scale agreement negotiated by that association, whether or not they are members of the association. However, the scale agreement may require an artist who is not a member to pay the association an amount equal to the regular association dues.

Can an artists' association prevent an artist who is not a member from working?

Although an artists' association and a producer may agree that only association members will be engaged by that producer, the Act provides that artists' associations may not adopt by-laws which have the effect of discriminating unfairly against an artist so as to prevent that artist from becoming a member of the association, and may not discriminate unfairly against an artist with respect to membership in the association. Under section 53 of the Act an artist can file a complaint with the Tribunal following a violation, by the artists' association, of this prohibition.

What recourse is available to an artist who believes that he or she has been unfairly denied membership in an artists' association?

An artist who believes that he or she has been unfairly denied membership in an artists' association may apply to the Tribunal for an order revoking the association's certification, and/or may lodge a complaint of unfair practice with the Tribunal.

What other protections do artists have under this Act?

The Act prohibits a number of practices by producers and artists' associations. For example, a producer may not refuse to engage an artist or to honour an artist's contract because the artist has exercised any right granted by the Act. An artist who believes that he or she has been subjected to a prohibited practice may make a complaint to the Tribunal. If the complaint is upheld, the Tribunal has the power to require that the artist be compensated for any losses suffered as a result of the prohibited practice.

What does the Act do for artists' associations?

The Act provides artists' associations with an opportunity to obtain the exclusive right to bargain with federal producers on behalf of specified groups of independent artists. Certification of an artists' association by the Tribunal confers legal recognition of that association's status as bargaining agent for artists working in a particular artistic sector and creates an exemption from certain provisions of the Competition Act.

What is the status of artists' associations that already have scale agreements with federal producers?

The Act does not change the status of an artists' association that has already negotiated a scale agreement with a federal producer. In order to obtain the legally enforceable rights conferred by certification, an artists' association must apply for and obtain certification in accordance with the transitional provisions of the Act (section 67).

What happens to existing contracts between individual artists and federal producers?

Existing contracts between individual artists and federal producers continue to apply to the signatories. If an artists' association is certified and negotiates a scale agreement with the producer that contains better terms and conditions of engagement than those contained in an individual artist's contract, the artist is entitled to the improved conditions.

What does this Act do for producers?

The Act enables producers to negotiate scale agreements setting out the terms and conditions of engagement that will apply when they engage freelance artists in any discipline covered by a certification order. Existence of a scale agreement may reduce the number of individual contracts a producer would otherwise have to negotiate.

What is the role of the Minister of Labour?

The Minister of Labour has a number of responsibilities under the Act. These include:

• making recommendations to the Governor-in-Council regarding appointments to the Tribunal;
• making recommendations to the Governor-in-Council regarding the inclusion by regulation of additional categories of professions which contribute to the creation of a production;
• receiving copies of notices to bargain and scale agreements filed by artists' associations or producers;
• appointing mediators on request or by his or her own motion, to help parties reach a scale agreement;
• appointing arbitrators or arbitration board chairpersons, when so requested by a party to a scale agreement;
• tabling the Annual Report of the Tribunal in Parliament.

What is the role of the Minister of Canadian Heritage?

The Minister of Canadian Heritage also has a number of responsibilities under the Act, including:

• the recommendation of nominees for appointment to the Tribunal;
• the recommendation of additional categories of professions which contribute to the creation of a production, for inclusion in regulations passed under the Act.